President-elect Donald J. Trump is reportedly contemplating an executive order that could allow TikTok to continue operating, despite an impending legal ban, until new ownership is secured, according to a source familiar with the situation.

Trump Is Said to Consider Executive Order to Circumvent TikTok Ban

The potential executive order, first reported by The Washington Post, is being considered as TikTok faces a Sunday deadline to find a new owner or face a ban in the United States. TikTok, a widely popular video-sharing app, is owned by the Chinese company ByteDance. For years, Republicans have expressed concerns about the app, which has been downloaded millions of times, labeling it a national security threat. This issue has united both major political parties in Congress.

Should the Supreme Court uphold a law mandating that ByteDance must sell TikTok to a non-Chinese company, President Trump’s intervention could be the only way for the app to stay operational in the U.S. in the short term. The law would require companies like Apple and Google, as well as cloud service providers, to cease distributing TikTok in the United States.https://svtoday.org/

An executive order could aim to delay the law’s enforcement or direct the government to avoid applying it while a deal is being finalized, a strategy previously used by other presidents to challenge legislation. However, it remains uncertain whether such an order would withstand legal challenges or persuade app stores and cloud providers to act, given the substantial penalties they could face.

Alan Z. Rozenshtein, a former national security adviser and current law professor at the University of Minnesota, cautioned that an executive order should be viewed with skepticism. He explained that while it could direct action, it would not alter the legislation passed by Congress and signed by President Biden.

Although there is speculation that the app might still function for users who have already downloaded it, the law also affects internet hosting services like Oracle and other cloud providers, raising questions about how the app’s performance and loading times may be impacted.

One source close to Trump’s team mentioned that discussions about purchasing TikTok had taken place among some of his allies, but no concrete details were provided. As President Biden’s term nears its end, he too is under pressure to find a solution to keep the app running.

The New York Times reported that TikTok’s CEO, Shou Chew, is expected to attend Trump’s inauguration on Monday, with an offer to sit on the dais. However, TikTok declined to comment on the matter.

Chew is likely to be joined by other tech executives, including Meta’s Mark Zuckerberg, Amazon’s Jeff Bezos, Tesla’s Elon Musk, and Apple’s Tim Cook, all of whom have close ties to Trump or made notable donations to his inaugural committee.

Trump had initially supported a TikTok ban but changed his stance last year after meeting with Jeff Yass, a Republican megadonor who holds a significant stake in ByteDance. Although Trump has stated that they did not discuss TikTok during the meeting, Yass is a prominent figure in conservative lobbying and has advocated for the app’s continued operation in Washington.

In an effort to make headway with the Trump administration, TikTok has worked with Tony Sayegh, a former Treasury official and current public affairs head at Susquehanna International Group, which has connections to Trump’s inner circle.

Trump’s interest in TikTok extends beyond his advisers. He noticed the strong performance of videos about him on the app and credited it with helping him reach a broader voter base during his campaign.

The potential actions Trump could take regarding TikTok are complex. The law grants the president the authority to extend the deadline for a sale if there is “substantial progress” toward securing a deal with a non-Chinese buyer, but it also stipulates that the deal must be completed within 90 days of an extension.

TikTok has argued in its court challenge that a sale within the given timeframe is impractical, though a group led by billionaire Frank McCourt has recently made an offer to buy the app—excluding its powerful algorithm.

Trump could also attempt to bypass the law by instructing the government not to enforce it, but app stores and cloud providers might require more than a mere verbal assurance. Failure to comply with the ban could result in penalties of up to $5,000 per user who accesses TikTok after the ban is implemented.

University of Washington law professor Ryan Calo suggested that while Trump might declare the law unenforced, companies could still be hesitant, knowing that the ban remains in effect and could be enforced at any time.

Trump’s choice for attorney general, Pam Bondi, has refrained from commenting on whether she would enforce the law, stating that she cannot discuss pending litigation but would consult with prosecutors handling the case.

Another potential course of action for Trump is to seek Congressional reversal of the law, which was passed with overwhelming bipartisan support last year.

Senator Chuck Schumer voiced concerns about the TikTok ban, stressing that more time is needed to find an American buyer to avoid disrupting millions of Americans who rely on the app. He also noted that Republicans had blocked a bill extending the ban deadline by 270 days.

A White House official confirmed that the administration’s stance is that TikTok should operate under American ownership. With the ban scheduled to coincide with the holiday weekend and inauguration, it would fall to the next administration to enforce the law.